Illegal mining, in Ghana, has become a significant issue with complex economic and environmental implications. The term Galamsey (derived from the phrase “gather them and sell”) refers to illegal small-scale gold mining in Ghana. It involves unlicensed miners who employ unapproved methods to excavate land indiscriminately. Unfortunately, this practice has severe consequences such as the destruction of land and vegetation, the pollution of the air and water bodies using harmful substances like mercury which end up in nearby rivers as well as damaging the original states of natural resources. About 60% of Ghana’s water bodies are now polluted due to illegal mining activities, making it a critical issue for both livelihoods and the environment. Consequently, the government created the Environmental Protection Agency (EPA) to regulate and enforce environmental laws. To further strengthen the regulatory framework, the government passed the Minerals and Mining Act 2006 (Act 703). Although sections 82-99 of Minerals and Mining Act 2006, (Act 703) of Ghana recognizes artisanal and small-scale mining as a legitimate livelihood source, more than 85% of small-scale mining operations still occur in the informal and illegal manner, thereby projecting a negative image of the legal institutions by making them appear ineffective. The study therefore seeks to adopt a qualitative research methodology to unravel the hidden factors that make it impossible for the enforcement of the laws in curbing galamsey. The study unravels the loopholes in the provisions of the Act 703 against the actual practice of galamsey and expatiates reasons why it became ineffective in regulating the sector. The study takes a critical look at other factors that contribute to the disconnect between galamsey and the existing laws. These include: the diverse nature of ethnicity and culture with varying requirements of customs and practices, diverse conditions of mining operations, the transient mines and lengthy licensing process that do not adapt to local realities and seem irrelevant to miners. Others include the lack of education, lack of political will to curb galamsey, corruption, and political control. The study succinctly outlines its findings and proposed legislative and institutional reforms necessary to curb galamsey.
INVESTIGATING THE GAPS BETWEEN GHANA’S MINERALS AND MINING ACT AND THE PERSISTENCE OF ILLEGAL SMALL‐SCALE MINING (GALAMSEY)
ABSTRACT
Illegal mining, in Ghana, has become a significant issue with complex economic and environmental implications. The term Galamsey (derived from the phrase “gather them and sell”) refers to illegal small-scale gold mining in Ghana. It involves unlicensed miners who employ unapproved methods to excavate land indiscriminately. Unfortunately, this practice has severe consequences such as the destruction of land and vegetation, the pollution of the air and water bodies using harmful substances like mercury which end up in nearby rivers as well as damaging the original states of natural resources. About 60% of Ghana’s water bodies are now polluted due to illegal mining activities, making it a critical issue for both livelihoods and the environment. Consequently, the government created the Environmental Protection Agency (EPA) to regulate and enforce environmental laws. To further strengthen the regulatory framework, the government passed the Minerals and Mining Act 2006 (Act 703). Although sections 82-99 of Minerals and Mining Act 2006, (Act 703) of Ghana recognizes artisanal and small-scale mining as a legitimate livelihood source, more than 85% of small-scale mining operations still occur in the informal and illegal manner, thereby projecting a negative image of the legal institutions by making them appear ineffective. The study therefore seeks to adopt a qualitative research methodology to unravel the hidden factors that make it impossible for the enforcement of the laws in curbing galamsey. The study unravels the loopholes in the provisions of the Act 703 against the actual practice of galamsey and expatiates reasons why it became ineffective in regulating the sector. The study takes a critical look at other factors that contribute to the disconnect between galamsey and the existing laws. These include: the diverse nature of ethnicity and culture with varying requirements of customs and practices, diverse conditions of mining operations, the transient mines and lengthy licensing process that do not adapt to local realities and seem irrelevant to miners. Others include the lack of education, lack of political will to curb galamsey, corruption, and political control. The study succinctly outlines its findings and proposed legislative and institutional reforms necessary to curb galamsey.
SECTION ONE INTRODUCTION
1.1 Background of the Study
Ghana is richly endowed with a variety of mineral resources, making it one of the leading mining countries in Africa. The country’s future prosperity and its national security depends on these precious mineral resources. Gold is Ghana's key mineral resource, accounting for over 90% of total mineral exports. Ghana is Africa’s largest gold producer and ranks among the top producers globally1. Large-scale mining companies dominate the gold mining industry, but there is also a substantial amount of artisanal and small-scale mining, which accounted for 43% of the total gold production in 20182. Secondly, Ghana has substantial bauxite reserves, primarily located in the Awaso area. Bauxite is the principal ore of aluminum, and its mining and export are crucial to the country’s economy. Thirdly, Manganese mining is another significant industry in Ghana. The country is one of the top producers of manganese in Africa, with the main deposits located in the Western Region. Fourthly, Ghana also produces diamonds, with the main mining areas being the Birim Valley and Akwatia. Although diamond production has declined over the years, it remains an important part of the mining sector. In addition to gold, bauxite, manganese, and diamonds, Ghana also has deposits of other minerals such as natural gas, petroleum, salt, and silver. The country has also seen increased production of industrial minerals like limestone, granite, and sand. The locations of these precious minerals are as shown below in figure 1.
Figure 1. Map of Ghana Indicating the Locations of Various Natural Resources in the Country
Illustrations are not included in the reading sample
Source: (Ikpe 2016)
Galamsey, derived from the phrase “gather them and sell,” is a local Ghanaian term that refers to illegal small-scale gold mining in Ghana. These miners, known as galamseyers, operate independently of mining companies, digging small pits, tunnels, and sluices by hand. The practice is also referred to as Illegal Artisanal Small-Scale Mining (SSM). There are diverse types of galamsey, each with its own methods and resource/material used: First, Placer/Alluvial Galamsey which involves using a washing plant/trommel, excavators, liquid mercury, diesel, petrol, and lubricants. It operates near water bodies and requires a high volume of clean water for operation. Secondly, Washing Board Galamsey utilizes a washing/sluice board, excavators, liquid mercury, diesel, petrol, and lubricants. Like the placer galamsey, washing board galamsey also operates near water bodies and requires clean water for operation. Thirdly, Anwona or Pit Dredging Galamsey involves working within mini-pit lakes or mine-out pits using suction dredges, mercury, diesel, petrol, and lubricants. Fourthly, Stream/River Dredging Galamsey takes place within water bodies with adequate current, using suction dredges and mercury. Lastly, Dig and Wash Galamsey utilizes pans, shovels, pickaxes, and manual labor along with sluice boards and mercury3.
Oxford Advanced Learners Dictionary defined galamsey as illegal gold mining4. It is a popular terminology used especially in Ghana to refer to illegal mining of minerals in the country. Galamsey has significant environmental and human impacts, including accidents, exposure to mercury poisoning, and the degradation of ecosystems. Efforts to address this issue involve balancing economic needs with environmental protection. Ghana continues to grapple with the challenges posed by galamsey, seeking sustainable solutions to mitigate its effects on communities, natural resources, and the economy. The number of galamseyers in Ghana is estimated to be between 20,000 to 50,000, including thousands from China5. Sources even suggest that three million people rely on galamsey for their livelihoods6. These miners operate in the southern part of Ghana, where substantial gold deposits exist, often near larger mining companies. Despite their economic disadvantage, galamsey settlements are indicators of gold presence, and they sometimes discover extensive gold deposits before mining companies do.
This study aims to explore and unravel the factors that contribute to the disconnect between the laws and artisanal small-scale mining. The study further analyzes the impudence on the side of perpetrators as well as the laxity of law enforcement agencies to tackle the menace. This will aid to identify the strategies to adopt in reforming Ghana’s mining regulations. The findings of this study will contribute to existing knowledge to unravel the factors that cause the disconnect between the laws regulating the mining sector and the reality of illegal small-scale mining.
1.2 Purpose of the Study
The purpose of this case study is to unravel the reasons why the laws governing the mining sector in Ghana have not been effective in addressing galamsey activities to proffer legislative and institutional reforms to stop the menace.
1.3 Problem Statement
Despite the enactment of the Minerals and Mining Act, 2006 (Act 703) in Ghana, illegal smallscale mining, commonly known as “galamsey,” continues to thrive. This persistent issue poses significant environmental, social, and economic challenges. The gap between legislation and reality prompts critical questions:
First, enforcement challenges: Regulatory bodies often lack the necessary resources and workforce to enforce the provisions of Act 703 effectively. Corruption within these agencies further undermines enforcement efforts, allowing illegal mining activities to continue unchecked. According to Ainuson, the success of the mineral operations of artisanal and small-scale mining has attracted varied interest to a sector where regulation is poorly enforced. In this direction, there have been an influx of Chinese migrants, Chinese money and Chinese machinery chasing after the lucrative small-scale mining sector7.
Secondly, high unemployment and poverty drive many to galamsey for survival. The profitability of illegal mining makes it an attractive option despite the associated risks. The country is losing revenue from the gold mining sector due to gold smuggling by illegal miners8. Environmentally, the country’s forest reserves and farmlands are being destroyed. Rivers which serve as sources of potable water are also being polluted9.
Third, community engagement: Act 703 does not sufficiently involve local communities in decision-making processes, leading to a lack of local support for legal mining operations10. The lack of community engagement provides a recipe for corruption and its related crimes. Knutsen, et al (2016) find that mining is associated with increases in the level of local corruption in Africa through an extensive quantitative survey relying upon Afrobarometer and spatial statistics11.
Fourth, Policy and Legal Framework: Certain provisions of Act 703 are outdated and do not align with current best international practices. The Act does not adequately address the complexities of small-scale mining, leaving room for illegal activities to flourish12.
These issues highlight the need for thorough research to adopt the best approach in unearthing these hidden factors. Using research as an academic tool could help bridge the gap between the regulatory framework and galamsey activities.
1.4 Research Questions
The primary question the research seeks to answer is “why the disconnect between the minerals and mining laws and the practice of galamsey in Ghana? Aside from this, the secondary questions are as follows:
1. How effective are Ghana’s current minerals and mining laws in regulating small-scale mining activities?
2. What are the main challenges faced by regulatory bodies in enforcing mining laws against illegal mining operations?
3. What economic factors drive individuals to engage in galamsey despite the legal risks?
4. How effective are current government initiatives and policies in addressing the issue of illegal mining?
5. What technological innovations could help in monitoring and controlling illegal mining activities?
1.5 Assumptions
It is assumed that the activities of large-scale mining companies in Ghana are well regulated and, therefore, do not pose the same level of threat to the country as illegal mining does. It is also assumed that the socio-economic causes of illegal mining and the threat the activity poses to the socio-economic state of the country in the selected regions for this study are like what pertains to other galamsey affected regions in the country. Lastly, it is assumed that the loopholes in the Minerals and Mining 2006 (Act 703) and the Minerals and Mining (amendment) Act 2019 (Act 995) pertains to all other laws that regulate the mining sector in Ghana.
1.6 Limitations
This study was conducted for five months. Consequently, a field trip to all the proposed study areas was not feasible. The research, therefore, combined the primary data and other secondary data from written sources available at the university of Ghana school of law and other online sources. Additionally, the researcher’s experience of providing direct support to operation vanguard joint task force for curbing galamsey could have a biased effect on the conclusion of the research. Again, current trends of politics and the fight against galamsey in Ghana especially in news headlines of today 11 September 2024 available from all media houses where there is massive pressure on the ruling government to break the silence and declare a state of emergency against galamsey, is likely to influence the outcome of this research. However, the researcher will employ all available analytic tools to ensure that objectivity and transparency are maintained.
1.7 Delimitations and Scope
Galamsey is prevalent in most parts of Ghana; however, this study will be confined to galamsey activities within the Ashanti, Eastern and Western Regions of Ghana. This is because, these three regions suffer what was described by a legislator on class FM 505 News Program as “galamsey genocide”13.
Analysis of information for the research will be restricted to galamsey activities in Ghana since the year 2000 to unravel the hidden causes of the seeming inefficiency of the mining laws. Numerous laws govern the mining industry in Ghana; however, this study will primarily examine the principal legislation, the Minerals and Mining Act of 2006 (Act 703), as amended. Although there will be references to other environmental laws, the focus of the study is on Act 703.
1.8 Significance of the Study
This study will add to the debate on the causes and solutions to illegal mining activities in Ghana. The study will fill a perceived gap in the scholarly literature by delving into the reasons for which galamsey activities could not be tackled despite intervention measures by past governments. The research will also unravel the weaknesses within the existing regulatory framework for which reason galamsey activities seem to be out of control and proffer solutions to help address this issue. The research is of significance to the Government of Ghana as it addresses this wicked problem. This study will also assist security personnel, forest services division and the judiciary, who are mandated to stop galamsey.
SECTION TWO REVIEW OF FOREST MANAGEMENT AND THE EMERGENCE OF GALAMSEY
2.1 Introduction
As indicated earlier, forests play a key role in the economic development of Ghana. Key forest exports include sawn wood, plywood, and veneers. Marfo indicates that chainsaw milling has a major impact on rural livelihoods14. It is estimated that it employs around 100,000 people directly and supports the livelihoods of approximately 700,000 individuals. Furthermore, Kpelle stated that rural households depend on fuel wood and charcoal to meet their everyday energy needs15. According to Global Forest Watch, in 2023 Ghana had 110,000 hectares of natural forest loss, equivalent to 76.3 million metric tons of CO2 emissions. This loss occurred in a country that originally had 6.97 million hectares of natural forest, covering over 30% of its land area16. According to the Food and Agriculture Organization (FAO), Ghana’s forest cover is close to 7.99 million hectares, accounting for approximately 35.1% of the nation’s total land area17. This portion is dedicated to both timber production and conservation. Agricultural expansion, logging (legal and illegal), urban expansion, infrastructural development and mining are the major causes of deforestation and forest degradation. These have caused the shrinkage of Ghana’s formal forestry sector which was estimated at 9.17 million hectares in 1995 to 5,768,678 hectares in 2017 and further loss of 1.41 million hectares as of 202118.
In view of this decline, successive governments have taken multitudes of measures to enhance forest resource management in Ghana. Between 1970 and 1980, the government established 75,000 hectares of plantations within degraded forest reserves as part of the agroforestry programme. Oduro states that the Ghanaian government began a reforestation campaign in the mid-1990s as part of the 1994 Land and Wildlife Policy19. The policy aimed to address the issue of deforestation and forest destruction, which resulted in the decline of the forest resource base. Similarly, the Forestry Development Master Plan (FDMP 1996-2020) was launched in 1996 to promote private plantation development, with a target of 10,000 hectares annually for 20 years20. Small scale illegal gold mining activities in Ghana have evolved and grown steadily over the past two decades from artisanal mining into a more organized and mechanized system. The Ghana Chamber of Mines indicates that small-scale mining contributed 35% of the total gold production in Ghana21. This growth has been linked to the involvement of foreign investors such as the Chinese and the introduction of technologies and heavy earth-moving equipment like bulldozers, excavators, crushing machines and suction equipment22.
Picture Showing Galamsey Site in Ghana
Illustrations are not included in the reading sample
Source: Google.com/images
2.2 Governments Response to Galamsey in Ghana
Galamsey in Ghana commenced more than a century ago. Nonetheless, the first official government response in dealing with it was the legalization of SSM in 1989, Small-Scale Gold Mining Law, PNDCL 218’. Sequel to this law, there was a military intervention to deal with all illegal miners23. Unfortunately, the passage of the law to legalize SSM and the military operation could not resolve the issues surrounding galamsey in Ghana. In September 2006, the government announced an operation known as ‘Fight Against Illegal Mining” or Operation Flush Out’. It was a nationwide military exercise to sweep illegal miners who were expanding into legal mining sites and causing destruction to the natural environment. Hilson et al stated that “during the months before the sweep, the Ghanaian government, being aware that illegal mining was becoming unmanageable and under pressure from the country’s mining companies to address the problem, intervened to prevent further expansion of galamsey camps24.” The government had indicated that it was going to earmark areas for galamsey after stopping its operations. This never happened and illegal miners returned to galamsey sites. Since the failure of this initiative, governments have put in ad hoc measures to fight galamsey. These have not solved the problem of illegal mining and the destruction of forests and water resources. The involvement of Chinese migrants and the use of heavy equipment in illegal mining led to new initiatives by the government to deal with this menace. According to Boafo et al, in May 2013, the Government of Ghana commissioned a five-member Inter-Ministerial Taskforce to clamp down on galamsey25. The ministries included the Ministry of Lands and Natural Resources (MLNR), the Ministry for the Interior and the Ministry of Defense. Among other things, the Taskforce was tasked with arresting and prosecuting all Ghanaians and foreigners involved in illegal SSM, seizing equipment belonging to illegal miners and deporting all non-Ghanaians involved in the activity. Also, Ghanaians who have sub-leased their concessions to foreigners should have their licenses revoked. According to Boafo et al, although the crackdown by security agencies reduced the number of galamseyers, the work of the Taskforce could not stop illegal mining26. This is because the Task force was made up entirely of state actors, with no input from traditional land actors like chiefs, who deal directly with galamseyers through land acquisitions. The failure of the above Programmes to crackdown on illegal gold miners led to the launch of the campaign against galamsey by the Media Coalition Against Galamsey in 201727. Boafo et al. point out that the government responded and launched Operation Vanguard to end galamsey in the Ashanti, Eastern and Western Regions. The operation later targeted the Central Region. Operation Vanguard was a Joint Military and Police Taskforce comprising four hundred service members from the military and police service.
2.3 Legal and Institutional Framework for Mining in Ghana
According to Teschner, Ghana has, since the 1980s, put together and adopted a legal and institutional framework to guide the operations of both large- and small-scale mining28. The main aim of this framework was to ‘promote, formalize and regulate the mining sector.’ For example, in 1986, the government recognized the importance of mining to the development of the nation enacted the Minerals and Mining Law 29. This law sought to promote and regulate the orderly development of the sector. The Environmental Protection Agency Act (Act 490) mandates the EPA to “manage, protect, and enhance the country’s environment and seek common solutions to global environmental problems. The agency is dedicated to improving, conserving, and promoting the country’s environment and striving for environmentally sustainable development with sound, efficient resource management, considering social and equity issues. It oversees the implementation of the National Environment Policy.” The Forestry Commission Act 1999 (Act 571) established the Forestry Commission of Ghana as a corporate body “responsible for the regulation of the utilization of forest and wildlife resources, the conservation and management of those resources and the coordination of policies related to them30.” Furthermore, the responsibility for the regulation and management of the utilization of the mineral resources of Ghana and the coordination and implementation of policies relating to mining is vested in the minerals commission.
The Commission was established under Article 269 of the 1992 Constitution and the Minerals Commission Act 1993, (Act 450). It also ensures compliance with Ghana’s Minerals and Mining Laws and Regulations through effective monitoring. Artisanal and small-scale mining (ASM) is also reserved for Ghanaians under the Minerals and Mining Act 2006 (Act 703, Section 83a). It must be noted that SSM was legalized in 1989 under the ‘ Small-Scale Gold Mining Law, PNDCL 218 ’. According to the Minerals and Mining Act 2006 (Act 703), SSM means mining operation over an area of land in accordance with the number of blocks prescribed’. License for SSM is for five (5) years duration. This is renewable upon satisfactory performance during the stipulated period. The Minerals Commission and the EPA are the core government institutions charged with granting mining permits. The EPA and the Water Resources Commission approve an environmental permit (which includes a water use permit). The Minister of Land and Natural Resources represents the government and, on the advice of the Minerals Commission, approves the mineral rights for the prospective company. In addition, the inspectorate division of the commission issues final operating permits. Regulators from the commission, district offices, and the EPA conduct on-field monitoring visits to mining sites. In 2021, the government recognized that most mining communities are negatively impacted by mining activities, yet they receive little benefit from the sector as host communities, introduced the Community Mining Scheme (CMS). The CMS, according to the Minerals Commission, is government policy aimed at dealing with illegal mining by encouraging people living in mining communities to undertake viable, responsible and sustainable SSM as prescribed under the Minerals and Mining Act, 2006 (Act 703) and Minerals and Mining (Licensing) Regulations, 2012 (L.I 2176).
Despite the minerals and mining laws and the mandate given to government ministries, departments, and agencies to enact laws, and by-laws and to manage the environment, the rate at which Ghana is losing its forest resources is alarming. The loss of these resources will impact negatively on Ghana’s quest of achieving the SDGs one, two, three, twelve, thirteen, fourteen and fifteen. Teschner argues that political leniency and corruption in the enforcement of laws have resulted in the booming of the SSM sector. Regulation has, therefore, become incredibly difficult overtime31. Mcquilken and Hilson explain that inadequate financial, personnel and logistical capacity of state regulators have deepened the enforcement problem32. Teschner indicates that lack of information also contributes to the problem. This is because miners and operators in the informal sector lack knowledge of the institutions and legal requirements governing the subsector. They also lack the basic technical skills and capacity needed for practicing sustainable mining. Hilson adds that there is low environmental awareness within the sector.
The studies mentioned above have focused on the causes and prevention of galamsey from a non-regulatory perspective. Nonetheless, none of the existing research made a legislative approach to the problem by way of analyzing the various provisions in the Minerals and Mining Act 2006 (Act 703), and how its outdated provisions have failed to meet the current trends of galamsey operations. For example, a study by Richard Kumah (2022) from Queens University found that there are diverse kinds of mining and from divergent backgrounds33. The study stated that it does not make any sense to the category of miners to stop their persistent illegality since their activities do not degrade the environment. Secondly, Ghana’s key legal and regulatory instruments for small scale mining shows that the sector is poorly defined and unclassified. Poor rural people planning for shallow alluvial gold with rudimentary tools are subject to the same permit procedures as operators with more sophisticated tools. According to the study, the productive lifespan of these kinds of mines was 6 to 18 months. But the formal procedure to get a small-scale mining license in Ghana can take three years instead of the four months claims made by the Minerals Commission. Briefly, the legal framework for small-scale mining is often seen as cumbersome and inaccessible, pushing miners towards illegal operations. This is a major reason for local galamseyers not applying for a license, hence the disconnect. There is therefore a gap between the legislative framework and the actual practice of persistent galamsey.
Qualitative research methodology is used to gather data, and it is analyzed, and results are presented in the findings. This research concludes with legislative and institutional reforms by way of recommendations. It is hoped that this will contribute to existing knowledge in the smallscale mining industry as well as the issues surrounding galamsey.
SECTION THREE METHODOLOGY
3.1 Introduction
A qualitative research approach will be employed for this study due to the nature of the variables. Qualitative research assumes that the world is socially constructed34. Regarding this study, qualitative research stresses the importance of recognizing subjectivity, not only that of the research but also that of the researcher. The main reason for adopting a qualitative research design for this study is that the study aimed to examine the behaviour of galamseyers and the reasons for the disconnect between the law regulating small scale mining and the practice of galamsey in Ghana. Qualitative research design is to be employed by using non-random sampling techniques in key informant interviews. This is because there is the need to interview officials who know about government policies relating to the programmes put in place to deal with galamsey. Exploratory and descriptive research designs are employed in the study. The use of exploratory research design helps to identify new areas of knowledge and a deep insight into the failure of the Minerals and Mining Act and other regulations meant to deal with galamsey. Also, the study will use descriptive design because it entails a systematic collection and presentation of data on galamsey in Ghana. It offered the researcher the opportunity to analyze the failure of programmes put in place to protect the environment.
This study used an interview guide and documentary review to interrogate the failure of government interventions and legislative reforms aimed at dealing with illegal mining. The targeted population for this study was the Amansie South District Assembly (ASDA) in the Ashanti Region. A purposive sampling technique will be used to draw twenty-six respondents for the study. The study will rely on responses from interviews with Chiefs/Opinion leaders, Officials of the Amansie South District Assembly, galamseyers, and the Forestry Commission. Others include officials of the operation vanguard team, and officials from the Judicial Service as shown in Table 1.
Table 1: Sample Distribution
Illustrations are not included in the reading sample
Laws on small scale mining in Ghana was reviewed. Data analysis for this study was done manually. The data for this study is based on audio recordings, notes and photographs taken during the collection of data of fieldwork. The data will be examined in depth at this time to aid in conclusive coding.
SECTION FOUR RESULTS AND DISCUSSIONS
4.1 Introduction
Interviews with thirteen illegal small-scale miners in Ghana's Amansie South District revealed their reliance on galamsey for livelihood. These are discussed under the heading “Key Findings” as follows:
4.1.1 Key Findings
a. Economic Dependence: All 13 miners reported that galamsey is their primary source of income. They rely on it to support their families, pay for education, and cover basic living expenses. One galamseyer stated that “ at times in a week, our pit gives us forty thousand Ghana Cedis and that is lot of money for us.” They are of the view that alternative employment opportunities in the region are scarce, making galamsey the most viable option for earning a livelihood. According to them the immediate economic benefits derived from their activities often outweigh the perceived risks of legal consequences, hence the impudence.
b. Lack of Formal Employment: The galamseyers highlighted a significant lack of formal employment opportunities in the district. Their limited education and skills restrict their job opportunities. Some individuals reported efforts to seek formal employment but encountered obstacles such as insufficient qualifications and experience.
c. Health and Safety Concerns: The galamseyers are aware of the hazardous nature of their work, including exposure to dangerous chemicals, risk of accidents, and long working hours.
Despite these risks, they continue to engage in galamsey due to the immediate financial benefits.
d.Environmental Impact: All two chiefs and opinion leaders interviewed are aware of the environmental degradation caused by the activities of galamsey, including deforestation, water pollution, and soil erosion. However, they feel trapped in a cycle where the need to earn a living outweighs concerns about environmental sustainability.
e. Regulatory Challenges: The galamseyers expressed frustration with the regulatory environment, citing frequent crackdowns and harassment by authorities. They believe that the current legal framework does not provide adequate support for their livelihoods, but rather focused on expatriates.
f. Some miners reported that their activities received community support because local businesses and services benefit indirectly from the income generated by galamsey.
g. Aspiration for Improvement: Although reliant on galamsey, numerous miners have articulated a desire for change. They are open to transitioning to legal and safer mining practices if provided with the necessary support and resources. Suggestions for improvement included vocational training, financial assistance, and the creation of alternative employment opportunities.
4.2 Introduction
In interviews conducted with two officials from the Forestry Commission in the Amansie South District, both expressed strong opposition to the practice of illegal small-scale mining, commonly known as galamsey. Their insights highlight the significant environmental and regulatory challenges posed by galamsey activities. The details of these findings are as follows.
4.2.1 Key Findings
a. Environmental Degradation: Both officials emphasized the severe environmental impact of galamsey. They noted extensive deforestation, loss of biodiversity, and destruction of natural habitats as major concerns. The officials pointed out that galamsey operations often lead to the contamination of water bodies with harmful chemicals such as mercury and cyanide, posing risks to both human health and aquatic life.
b. Impact on Forest Reserves: The officials reported that galamsey activities frequently encroach on protected forest reserves, undermining conservation efforts and threatening the sustainability of these ecosystems. They highlighted specific instances where illegal mining had led to the degradation of forest reserves, making it difficult to restore these areas to their natural state.
c. Challenges in Enforcement: Both officials acknowledged the difficulties in enforcing anti- galamsey regulations. They cited limited resources, inadequate workforce, and logistical challenges as significant barriers to effective enforcement. They also mentioned the issue of corruption and collusion between local authorities and illegal miners, which complicates efforts to curb galamsey activities.
d. Community Impact: The officials expressed concern about the social impact of galamsey on local communities. They noted that while galamsey provides short-term economic benefits, it often leads to long-term social problems such as increased crime, land disputes, and health issues. They stressed the need for community education and awareness programs to highlight the negative consequences of galamsey and promote sustainable alternatives.
e. Recommendations for Policy and Action: Both officials called for stronger policy measures and more stringent enforcement of existing laws to combat galamsey. They suggested increasing penalties for illegal mining activities and enhancing surveillance and monitoring systems. They also recommended greater collaboration between government agencies, local communities, and non-governmental organizations to develop and implement sustainable livelihood programs that can provide alternatives to galamsey.
f. Support for Legal Mining: The officials expressed support for legal small-scale mining under regulated conditions. They believe that with proper oversight and adherence to environmental standards, small-scale mining can contribute to local development without causing significant harm to the environment. They advocated training and capacity-building programs to help illegal miners transition to legal and sustainable mining practices.
4.3 Introduction
Interviews with five members of Operation Vanguard, a task force against illegal mining (galamsey) in Ghana, revealed challenges in enforcing the law.
4.3.1 Key Findings
a. Resource Constraints: All five personnel reported significant resource constraints, including inadequate funding, insufficient equipment, and limited workforce. These limitations hinder their ability to effectively patrol and monitor large areas prone to galamsey activities. They emphasized the need for more logistical support, such as vehicles, communication tools, and air surveillance technology, to enhance their operational capabilities.
b. Geographical Challenges: The personnel described the difficult terrain in the Amansie South District, which includes dense forests, rivers, and remote areas. These geographical challenges make it hard to access and monitor galamsey sites. They noted that illegal miners often operate in secluded locations, making it easier for them to evade detection and enforcement efforts.
c. Community Resistance: The task force members highlighted resistance from local communities, who often view galamsey as a vital source of livelihood. This resistance can manifest in various forms, including protests, misinformation, and even physical confrontations. They stressed the importance of community engagement and education to gain local support for anti-galamsey initiatives.
d. Legal and Judicial Issues: The personnel expressed frustration with the legal and judicial processes related to galamsey enforcement. They cited delays in prosecution, lenient penalties, and instances of corruption as major obstacles. They called for more stringent laws and faster judicial processes to ensure that offenders are held accountable and deterred from returning to illegal mining.
e. Coordination and Collaboration: The task force members pointed out the need for better coordination and collaboration among various government agencies, including the Minerals Commission, Environmental Protection Agency, and local authorities. They suggested that a more integrated approach, with clear roles and responsibilities, would improve the effectiveness of anti-galamsey operations.
f. Intelligence and Information Gathering: The personnel emphasized the importance of reliable intelligence and information gathering to identify and target galamsey operations. They noted that illegal miners often use sophisticated methods to conceal their activities. They recommended investing in intelligence networks and community informants to enhance their ability to detect and disrupt galamsey activities.
4.4 Introduction
In interviews conducted with two judicial service personnel in the Amansie South District, both individuals highlighted significant challenges in implementing the law against illegal small-scale mining (galamsey). Their insights provide a deeper understanding of the legal and procedural obstacles faced in the fight against galamsey.
4.4.1 Key Findings
a. Case Backlog and Delays: Both judicial personnel reported a substantial backlog of cases related to galamsey, leading to significant delays in the judicial process. This backlog is partly due to the high number of cases and limited judicial resources. They noted that these delays undermine the effectiveness of legal deterrents, as offenders often continue their activities while awaiting trial.
b. Inadequate Legal Framework: The personnel expressed concerns about the adequacy of the existing legal framework to address the complexities of galamsey. They pointed out that current laws may not be stringent enough to deter illegal mining activities effectively. They suggested that amendments to the law, including harsher penalties and clearer definitions of offenses, are necessary to strengthen enforcement.
C. Corruption and Influence: Both interviewees highlighted the issue of corruption within the judicial system and other related agencies. They mentioned instances where illegal miners or their associates attempt to influence judicial outcomes through bribery or intimidation using political platforms. This corruption erodes public trust in the judicial system and hampers efforts to combat galamsey effectively.
d. Coordination with Law Enforcement: The interviewees noted challenges in coordination between the judiciary and law enforcement agencies. They mentioned that poor communication and lack of collaboration often result in incomplete or poorly prepared cases being brought to court. They recommended establishing better mechanisms for information sharing and joint training programs to improve the quality of case preparation and prosecution.
e. Public Awareness and Education: Both judicial personnel stressed the importance of public awareness and education in addressing galamsey. They think many community members are unaware of the legal consequences of illegal mining. They suggested that public education campaigns could help to reduce the prevalence of galamsey by informing people about the legal risks and promoting alternative livelihoods.
4.5.1 Other Findings
According to a study conducted by Richard Kuma from the Queens University, between December 2020 and May 2021 in three mining communities in Ghana: Wassa Akropong, Bogoso and Gbane. Interviews were conducted with illegal miners and gold dealers, licensed miners, local landowners, government officials, NGOs, and others and the first finding was that informal local mines were transient and often operated on a subsistence basis35. The miners lacked adequate capital and geo-prospecting knowledge. Local informants report that these mines typically have a productive lifespan of 6 to 18 months. But the formal procedure to get a small-scale mining license in Ghana can assume to three years. According to the Minerals Commission, this process should normally take three to four months. A major reason local do not apply for a license is this disconnect36. As one illegal miner puts it: “ to me, it does not make sense to wait for three years for a license to undertake a six-month project. I will rather hide and do my galamsey”[37]. Another cause for the disconnect between the Minerals and Mining Act and galamsey practice is that the same rules apply to the diverse kinds of galamsey operations. For example, Placer/Alluvial Galamsey which involves using a washing plant/trommel, excavators, liquid mercury, diesel, petrol, and lubricants has the same rules as Anwona or Pit Dredging Galamsey involves working within mini-pit lakes or mine-out pits using suction dredges, diesel, petrol, and lubricants. Different miners therefore had different perceptions about the formal licensing requirements. Some believed they did not need a license as their activities did not harm water bodies.
A review of the key mining law in Ghana which is the Minerals and Mining Act 2006 (Act 703) and the Minerals and Mining Amendment Act 2019 (Act 995) portray a weak regulatory framework whereby Poor rural people panning for shallow alluvial gold with rudimentary tools are subject to the same permit procedures as operators with more sophisticated tools. These imbalances posed challenges of irregularities which further contribute to the disconnect between the practice and the law.
4.6 Summary of Findings
From the discussions contained in the above findings, although all findings impact on the outcome of this research, here is a list of salient ones:
4.6.1 Main Findings:
a. The laws governing the minerals and mining sectors do not adequately address the issues of galamsey. There are certain loopholes that require legal reforms to address them.
b. Corruption and political interference contribute to judicial inefficiency, hence the disconnect between galamsey and the laws.
c. Due to unavailability of sources of livelihood, the immediate economic benefits often outweigh the perceived risks of legal consequences. This contributes to impudence on the side of galamseyers.
d. Poor logistical support for security agencies to tackle the complexities of discreet galamsey practices.
e. Perception that galamseyers will not meet the legibility criteria for mining prospect and licensing.
4.6.2 Relationship to Research Objectives:
The above findings contributed to the phenomenon whereby the laws are disregarded and or exploited to the detriment of the state. This creates the problem of disconnect between the laws and galamsey.
4.6.3 Implications:
The above findings point to the fact that the sector is poorly regulated, and this will result in revenue loss to the state, environmental degradation as well as health related challenges to citizens of Ghana.
SECTION FIVE
5.1 Conclusion
The findings from the interviews I have conducted with various stakeholders in the Amansie South District of Ghana highlight the multifaceted challenges associated with regulating illegal small-scale mining, or galamsey. Economic dependence, cultural norms, and inadequate enforcement mechanisms contribute to the persistence of galamsey despite its significant environmental and social impacts.
The interviews with illegal miners reveal a deep reliance on galamsey for livelihood, underscoring the need for viable economic alternatives. Forestry Commission officials emphasize the severe environmental degradation caused by galamsey and the difficulties in enforcing regulations. Operation Vanguard personnel highlight resource constraints and community resistance as major obstacles to effective law enforcement. Judicial service personnel point to legal and procedural challenges, including case backlogs and corruption, which undermine the judicial process.
Addressing the galamsey issue requires a comprehensive and collaborative approach. This includes strengthening legal frameworks, enhancing enforcement capabilities, promoting sustainable livelihood programs, and fostering community engagement and education. By addressing these interconnected factors, it is possible to mitigate the negative impacts of galamsey and promote sustainable development in the region.
The insights gained from this research provide a foundation for developing targeted interventions and policies that can effectively address the complexities of illegal small-scale mining in Ghana. Future research should continue to explore innovative solutions and best practices to support the transition from illegal to legal and sustainable mining practices.
5.2 Recommendations
Based on the findings from the interviews and the analysis conducted in this special paper, the following recommendations are proposed to address the challenges associated with illegal smallscale mining (galamsey) in the Amansie South District of Ghana:
1. Strengthen Legal Frameworks: Amend existing mining laws to include stricter penalties for illegal mining activities and clearer definitions of offenses. Ensure that the legal framework supports the transition from illegal to legal small-scale mining by simplifying the licensing process and providing incentives for compliance.
2. Enhance Enforcement Capabilities: Increase funding and resources for enforcement agencies such as Operation Vanguard to improve their operational capacity.
3. Invest in advanced surveillance and monitoring technologies to detect and prevent illegal mining activities more effectively.
4. Establish specialized training programs for law enforcement personnel to enhance their skills in handling galamsey-related cases.
5. Promote Sustainable Livelihood Programs: Develop and implement alternative livelihood programs that provide viable economic opportunities for individuals currently engaged in galamsey. Offer vocational training and financial support to help illegal miners transition to legal and sustainable mining practices or other forms of employment. Encourage the development of community-based enterprises that can generate income while preserving the environment.
6. Foster Community Engagement and Education: Launch public awareness campaigns to educate communities about the environmental and health risks associated with galamsey and the benefits of sustainable mining practices.
7. Engage local leaders and traditional authorities in anti-galamsey initiatives to gain their support and cooperation. Establish community monitoring groups to report illegal mining activities and promote compliance with environmental regulations.
8. Improve Coordination and Collaboration: Strengthen collaboration between government agencies, non-governmental organizations, and local communities to create a unified approach to combating galamsey.
9. Establish clear roles and responsibilities for each stakeholder to ensure effective implementation of anti-galamsey measures. Facilitate regular communication and information sharing among stakeholders to enhance coordination and address challenges promptly.
10. Address Corruption and Enhance Accountability: Implement anti-corruption measures within the judicial system and enforcement agencies to ensure transparency and accountability. Establish mechanisms for reporting and addressing corruption-related issues in the fight against galamsey. Promote a culture of integrity and ethical behavior among all stakeholders involved in mining regulation and enforcement.
References
1. 2019 Minerals Yearbook. https://pubs.usgs.gov [Accessed 10 September 2024].
2. https://en.wikipedia.org/wiki/galamsey. [Accessed 28 May 2024].
3. https://www.oxfordlearnersdictionaries.com/definition/english/galamsey?q=galamsey . Accessed 10 June 2024.
4. https://en.wikipedia.org. Accessed 30 May 2024.
5. https://globalinitiative.net/analysis/gold-guns-and-china-ghanas-fight-to-end-galamsey/ [Accessed 13 June 2024].
6. Ainuson (2023) Ensuring Security in Areas with Rich Mineral Resources: The Case of SmallScale Mining in Ghana https://www.nomos-elibrary.de/ [Accessed 16 September 2024]
7. Burrows, Edward, and Lucia Bird. 2017. Gold, guns, and China: Ghana’s fight to end galamsey. Africa Insider Newsletter. https://africanarguments.org/2017/05/30/gold- guns-and-china-ghanas-fight-to end-galamsey/. [Accessed 16 September 2024]
8. Botchwey, Gabriel, Gordon Crawford, Nicholas Loubere, and Jixia Lu. 2018. South Labour Migration and the Impact of the Informal China-Ghana Gold Rush 2008-13. WIDER Working Paper. Helsinki, Finland: United Nations University WIDER.
9. Boakye et al. (April 2021) GAP ANALYSIS OF THE MINERALS AND MINING ACT, 2006 (ACT 703) AND DRAFT AMENDMENT https://acep.africa/wp-content/uploads/2023/03/GAP- ANALYSIS-FINAL-REPORT.pdf [Accessed 16 September 2024]
10. Knutsen, Carl Henrik, Andreas Kotsadam, Eivind Hammersmakr Olsen, and Tore Wig. 2017. Mining and Local Corruption in Africa. American Journal of Political Science. 61(2):320-34.
11. Class Media Group. 2024 classfm #505 news on air. Also available at https://www.classfmonline.com [Accessed 11 September 2024].
12. Emmanuel Marfo, Chainsaw Milling in Ghanaian context, Drivers, and Impacts (Wageningen: Tropenbos International) 2010.
13. David Kpelle, Contribution of the Ghana Forestry Sector to Socio-Economic Development (Presentation given at the10th session of the United Nations Forum on Forests (UNFF 10)., 2013).
14. Emmanuel Marfo, (2010) ‘Chainsaw Milling in Ghanaian context, Drivers, and Impacts’ Wageningen: Tropenbos International. https://www.globalforestwatch.org. [accessed 10 June 2024].
16. www.fao.org. [accessed 10 June 2024]
17. https://www.globalforestwatch.org. [Accessed 28 May 2024].
18. Oduro, “Ghana’s High Forests: Trends, Scenarios and Pathways for Future Developments.
19. https://ghanachamberofmines.org. [Accessed 12 June 2024].
20. Crawford et al., The Impact of Chinese Involvement in Small-Scale Gold Mining in Ghana; Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey.”
21. Gavin Hilson, Natalia Yakovleva, and Sadia Mohammed Banchirigah, “‘To Move or Not to Move’: Reflections on the Resettlement of Artisanal Miners in the Western Region of Ghana,” African Affairs 106, no. 424 (July 1, 2007): 413-36
22. James Boafo, Sebastian Angzoorokuu Paalo, and Senyo Dotsey, “Illicit Chinese Small-Scale Mining in Ghana: Beyond Institutional Weakness?” Sustainability 11, no. 21 (2019): 5943
23. Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey.
24. PNDC LAW 153.
25. The Republic of Ghana, “FORESTRY COMMISSION ACT, 1999 ,” Pub. L. No. ACT 571, 1 (1999).
26. Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey
27. Hilson, G., Potter, C. (2003). ‘Why is illegal gold mining activity so ubiquitous in rural Ghana? African Development Review,’ 15 (2-3): 237-270. https://doi.org/10.1111/i.1467- 8268.2003.00073.x
28. Richard Kumah, Artisanal and small-scale mining formalization challenges in Ghana: Explaining grassroots perspectives (2022) pages 102-978.
29. Lawrence Neuman, “Social Research Methods: Qualitative and Quantitative Approaches,” England. Pearson Education Limited, 2014; S Sarantakos, “Social Research” (London: Macmillan International Higher Education, 2012);Iain Black, “The Presentation of Interpretivist Research,” Qualitative Market Research: An International Journal, 2006.
30. Kuma R (2022) Ghana’s Illegal Mining Continues Because the Rules and Realities are Disconnected. Queens University, Ontario https://theconversation.com [Accessed 20 September 2024]
[...]
1 2019 Minerals Yearbook. https://pubs.usgs.gov [Accessed 10 September 2024].
2 Ibid
3 https://en.wikipedia.org/wiki/galamsey. [Accessed 28 May 2024]
4 https://www.oxfordlearnersdictionaries.com/definition/english/galamsey?q=galamsey. Accessed 10 June 2024.
5 https://en.wikipedia.org. Accessed 30 May 2024.
6 https://globalinitiative.net/analysis/gold-guns-and-china-ghanas-fight-to-end-galamsey/ [Accessed 13 June 2024].
7 Ainuson (2023) Ensuring Security in Areas with Rich Mineral Resources: The Case of Small-Scale Mining in Ghana https://www.nomos-elibrary.de/ [Accessed 16 September 2024]
8 Burrows, Edward, and Lucia Bird. 2017. Gold, guns, and China: Ghana’s fight to end galamsey. Africa Insider Newsletter. https://africanarguments.org/2017/05/30/gold-guns-and-china-ghanas-fight-to end-galamsey/. [Accessed 16 September 2024]
9 Botchwey, Gabriel, Gordon Crawford, Nicholas Loubere, and Jixia Lu. 2018. South Labour Migration and the Impact of the Informal China-Ghana Gold Rush 2008-13. WIDER Working Paper. Helsinki, Finland: United Nations University WIDER.
10 Boakye et al. (April 2021) GAP ANALYSIS OF THE MINERALS AND MINING ACT, 2006 (ACT 703) AND DRAFT AMENDMENT https://acep.africa/wp-content/uploads/2023/03/GAP-ANALYSIS-FINAL-REPORT.pdf [Accessed 16 September 2024]
11 Knutsen, Carl Henrik, Andreas Kotsadam, Eivind Hammersmakr Olsen, and Tore Wig. 2017. Mining and Local Corruption in Africa. American Journal of Political Science. 61(2):320-34.
12 Ibid
13 Class Media Group. 2024 classfm #505 news on air. Also available at https://www.classfmonline.com [Accessed 11 September 2024].
14 Emmanuel Marfo, Chainsaw Milling in Ghanaian context, Drivers, and Impacts (Wageningen: Tropenbos International) 2010.
15 David Kpelle, Contribution of the Ghana Forestry Sector to Socio-Economic Development (Presentation given at the10th session of the United Nations Forum on Forests (UNFF 10)., 2013); Marfo, Chainsaw Milling in Ghana Context, Drivers, and Impacts
16 https://www.globalforestwatch.org. [accessed 10 June 2024].
17 www.fao.org. [accessed 10 June 2024]
18 https://www.globalforestwatch.org. [Accessed 28 May 2024].
19 Oduro, “Ghana’s High Forests: Trends, Scenarios and Pathways for Future Developments.
20 Idem
21 https://ghanachamberofmines.org. [Accessed 12 June 2024].
22 Crawford et al., The Impact of Chinese Involvement in Small-Scale Gold Mining in Ghana; Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey.”
23 Gavin Hilson, Natalia Yakovleva, and Sadia Mohammed Banchirigah, “‘To Move or Not to Move’: Reflections on the Resettlement of Artisanal Miners in the Western Region of Ghana,” African Affairs 106, no. 424 (July 1, 2007): 413-36.
24 Idem
25 James Boafo, Sebastian Angzoorokuu Paalo, and Senyo Dotsey, “Illicit Chinese Small-Scale Mining in Ghana: Beyond Institutional Weakness?” Sustainability 11, no. 21 (2019): 5943
26 Idem
27 Idem
28 Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey.
29 PNDC LAW 153
30 The Republic of Ghana, “FORESTRY COMMISSION ACT, 1999 ,” Pub. L. No. ACT 571, 1 (1999), 1
31 Teschner, “Small-Scale Mining in Ghana: The Government and the Galamsey
32 Hilson and Maconachie, “Entrepreneurship and Innovation in Africa’s Artisanal and Small-Scale Mining Sector.
33 Richard Kumah, Artisanal and small-scale mining formalization challenges in Ghana: Explaining grassroots perspectives (2022) pages 102-978.
34 Lawrence Neuman, “Social Research Methods: Qualitative and Quantitative Approaches,” England. Pearson Education Limited, 2014; S Sarantakos, “Social Research” (London: Macmillan International Higher Education, 2012);Iain Black, “The Presentation of Interpretivist Research,” Qualitative Market Research: An International Journal, 2006
35 Kuma R (2022) Ghana’s Illegal Mining Continues Because the Rules and Realities are Disconnected. Queens University, Ontario https://theconversation.com [Accessed 20 September 2024]
36 Ibid
37 Ibid
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